TEXAS REAL ESTATE LAW 11E. Charles J. Jacobus. Chapter 11 Involuntary Conveyances. Involuntary conveyances are generally categorized as those conveyances over which the grantor has little or no control. Such as eminent domain, escheat, and intestacy, tax sales and foreclosures.
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TEXAS REAL ESTATE LAW 11E
Charles J. Jacobus
Eminent domain is the right
and condemnation is the process!
SUPREME COURT OF THE UNITED STATES
Kelo v. City of New London
Decided June, 2005
In 2000, the city of New London approved a development plan that, in the words of the Supreme Court of Connecticut, was “projected to create in excess of 1,000 jobs, to increase tax and other revenues, and to revitalize an economically distressed city.”
In assembling the land needed for this project, the city’s development agent has purchased property from willing sellers and proposes to use the power of eminent domain to acquire the remainder of the property from unwilling owners in exchange for just compensation.
The question presented is whether the city’s proposed disposition of this property qualifies as a “public use” within the meaning of the Takings Clause of the Fifth Amendment to the Constitution.
United States Constitution - Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury;
nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb;
nor shall be compelled in any criminal case to be a witness against himself,
nor be deprived of life, liberty, or property, without due process of law;
nor shall private property be taken for public use, without just compensation.
Justice STEVENS delivered the opinion of the majority joined by Justices KENNEDY, SOUTER, GINSBURG and BREYER.
“The city’s proposed disposition of petitioners’ property qualifies as a public usewithin the meaning of the Takings Clause. Though the city could not take petitioners’ land simply to confer a private benefit on a particular private party, the takings at issue here would be executed pursuant to a carefully considered development plan, which was not adopted “to benefit a particular class of identifiable individuals,”. Moreover, while the city is not planning to open the condemned land—at least not in its entirety—to use by the general public, this Court long ago rejected any literal requirement that condemned property be put into use for the public. Rather, it has embraced the broader and more natural interpretation of public use as “public purpose.”
Justice O’CONNOR dissented, joined by Chief Justice REINQUIST and Justices SCALIA, and THOMAS.
“Under the banner of economic development, all private property is now vulnerable to being taken and transferred to another private owner, so long as it might be upgraded. To reason, as the Court does, that the incidental public benefits resulting from the subsequent ordinary use of private property “for public use” is to wash out any distinction between private and public use of property and thereby effectively deletes the words “for public use” from the Fifth Amendment.”
Other Issues - Recording
Other Issues – Nature of Claim
Other Issues – Tacking
Other Issues – Encroachments
Intestate Leaving No Husband or Wife
1. To his children and their descendants.
2. If there be no children nor their descendants, then to his father and mother, in equal portions. But if only the father or mother survive the intestate, then his estate shall be divided into two equal portions, one of which shall pass to such survivor, and the other half shall pass to the brothers and sisters of the deceased, and to their descendants; but if there be none such, then the whole estate shall be inherited by the surviving father or mother.
3. If there be neither father nor mother, then the whole of such estate shall pass to the brothers and sisters of the intestate, and to their descendants.
4. If there be none of the kindred aforesaid, then the inheritance shall be divided into two moieties, one of which shall go to the paternal and the other to the maternal kindred.
Intestate Leaving Husband or Wife
1. If the deceased have a child or children, or their descendants, the surviving husband or wife shall take one-third of the personal estate, and the balance of such personal estate shall go to the child or children of the deceased and their descendants. The surviving husband or wife shall also be entitled to an estate for life, in one-third of the land of the intestate, with remainder to the child or children of the intestate and their descendants.
2. If the deceased have no child or children, or their descendants, then the surviving husband or wife shall be entitled to all the personal estate, and to one-half of the lands of the intestate, without remainder to any person, and the other half shall pass and be inherited according to the rules of descent and distribution; provided, however, that if the deceased has neither surviving father nor mother nor surviving brothers or sisters, or their descendants, then the surviving husband or wife shall be entitled to the whole of the estate of such intestate.
On the intestate death of one of the spouses to a marriage, the community property estate passes to the surviving spouse if:
(1) no child or other descendant of the deceased spouse survives the deceased spouse.
(2) all surviving children and descendants of the deceased spouse are also children or descendants of the surviving spouse.
(b) On the intestate death of one of the spouses to a marriage, if a child or other descendant of the deceased spouse survives the deceased spouse and the child or descendant is not a child or descendant of the surviving spouse, one-half of the community estate is of the deceased spouse.
Texas Foreclosure Statute
Gain or Loss of Title by Natural Causes
The natural causes that may affect title are evidenced by accretion, alluvion, reliction, erosion, avulsion, and subsidence.
When these natural forces occur, sometimes one loses title and sometimes one does not.
Accretion and Alluvion
Fast or Slow?
Texas General Land Office
1. Mark the following statements concerning eminent domain in Texas as true or false:
2. List the terms often used to describe the characteristics of adverse possession claims in Texas?
3. When a person dies intestate (without a will) the deceased’s property will be distributed by the probate court under intestate succession (descent and distribution). What are the three most important questions to be answered in distributing the deceased’s property?
4. Generally, what are the requirements for a foreclosure sale in Texas?
5. What is escheat?